312 IAC 13-12-4 Administrative review of a sanction against a water well drilling license

Sec. 4. (a) The commission may consider the factors set forth in this section in conducting administrative review of an order issued by the department under section 2 or 3 of this rule. (b) Mitigating factors are as follows: (1) The person against whom action is taken has not previously been adjudicated by the commission or a court to have violated IC 25-39 or this article. (2) The violation appears to have been unintentional. (3) The violation was an isolated occurrence. (4) Contamination is unlikely to have occurred as a result of the violation. (5) Where a violation has occurred, the person has acted diligently to correct the violation. (c) Aggravating factors are as follows: (1) The person against whom action is taken has previously been adjudicated by the commission or a court to have violated IC 25-39 or this article. (2) The violation appears to have been intentional. (3) A pattern of violations has occurred. (4) Significant contamination is likely to have occurred as a result of the violation. (5) A hazard to human health is likely to have occurred as a result of the violation.